Industrial property: the Guardian of the innovation and uniqueness

Introduction

Intellectual property plays an important role in the protection and enhancement of innovation and creation for business. Shall be governed by the law 9.279/96, for this area includes trademarks, inventions, utility models and industrial designs, ensuring the exclusive right to use it. Get to understand their ways, it is essential to maintain a competitive position in the market.

The basics of the intellectual property

These rights are essential in order to differentiate products and services in the market. Registration with the INPI (National Institute of industrial property, it is essential to ensure the legal protection and exclusive rights. The process begins with the submission of specific documents and compliance with the technical requirements that ensure the validity of the rights over the intangible. You have registered with the INPI is the most important step to secure and defend intellectual property rights.

The law 9.279/96 brings together all of the intangible property subject to registration by the INPI and the consequent right to the exclusive use of, and they are: Bullet; Inventions; utility patents; Industrial Designs.

The brand name is regarded as a sign affixed to a product, a commodity, or an indication of a service designed to help you distinguish it from others. Thus, the brand name is what identifies and distinguishes a product or service in the market, so the main requirement to be registered with the INPI it’s the distinctive and, therefore, to introduce a new addition compared to the market for the specified class in which it is located.

After the registration, the proprietor of a trade mark shall have exclusive use for up to 10 years (may be extended over the national territory and, as a rule, in their field of expertise.

Already, in the invention, it is the intangible outcome of the activity, dealing with the industrial application. In the invention, it is protected through the patent system, which ensures that the owner of the exclusive basis for up to 20 years.

Therefore, the utility model is a kind of refinement of the invention, that is, it is an element, the aggregate of the invention, and it requires a new, industrial applications, and in the act of invention. The utility model are also protected by the patent system, and warrants to the owner of the exclusive than 15 years of age.

In the end, the industrial design is a original and new for the specific product in order to make it unmistakable to the public consumer. To be able to be registered with the INPI must be a new creation of the original, which is not present on the original shape of the object, and is capable of processing. The registration of an industrial design ensures the exclusivity of 10 years (which can be renewed up to three times per 5 years).

Warranty is exclusive, and legal action

The holder of the intellectual property will only acquire the right to the exclusive use of the issue of a certificate of registration by the INPI. For this reason, companies that want to ensure the exclusive use of its trademarks, and inventions ‘ they should seek legal advice in an efficient, that you can consider and the need for the record in BRAZIL, in order to maintain their reputation in the market, and your valuable customers.

In addition, the law 9.279/96, also deals with the important aspects of industrial property rights, such as the rules on penalties applicable in cases of infringement of the protection against unfair competition. Among the penalties that are in the seizure of the goods and the payment of compensation to the owner is injured. In addition to this, the law suggests that the measures of protection against the misuse of geographical indications, and trade dress. Companies that want to ensure the integrity of your identity, visual, and territorial must adhere to the regulations and to consider the follow-up expert, to avoid legal disputes and to ensure the defence of the full rights of the intellectual property.

The challenges and tendencies in the industrial property office

Today, enterprises face significant challenges in protecting their intellectual property rights as a result of globalisation, and the increasing digitalization. With the proliferation of online platforms has facilitated the infringement of trade marks and patents, requiring constant monitoring and preventive measures to be effective. In addition to this, the increase in international competition intensifies, the need for strategies that are robust to advocate change. The current trends which include the use of advanced technologies such as artificial intelligence, artificial intelligence, and blockchain, to enhance the safety and the tracing of their rights. To align with international standards and is in the process of adapting to new market dynamics are essential in order to protect the safety and effectiveness of the protection of industrial property.

Some of the meanings of the courts

The sight of the important role played by the industrial property office of the Courts has already entered into some of the relevant views on the subject.

It is worth mentioning the understanding entered into by the supreme court for the compensation for damage to property, and compensation for damages to the off-balance sheet items, in the event of notice of the breach of the trade mark, there is no clear evidence of loss of material and moral, arising out of your use or misuse (One 1804035/DF, rel. ministra NANCY ANDRIGHI, 3rd class, and was published in 28/6/19).

In the framework of the high court of justice, the Court has to be reinforced in a number of decisions, on the principle of speciality, provided for in section XIX of the art. 124 of the law 9.279/96, which provides for the possibility of co-existence of trademarks that are similar or related, since they are not likely to cause the association of misuse or confusion on the market for consumer-to-consumer’S – AgInt in One 1663455 SP 2017/0048618-9, rapporteur: ministro Luis Felipe Salomão, 4th class, and was published in 25/11/21).

As for the Courts of the State, is a relevant example is the ruling of the ECJ, state of minas gerais, which determined that the protection of the brand is usually the case for trade dress (set of-visual-global is a product that gives you the visual identity, with the distinctive characteristics) of the companies (BK, MG – CA, 10000205796139001 MG), rapporteur: mr Arnaldo antunes Maciel, Town, Civil / 18-Civil Chamber, which was published in 23/2/21). Thus, in a general way, for the protection of trade dress that has been provided by the Courts based on the protection of the brand name, or the seal of the unfair competition law.

Criticism of the legislative process, the law on industrial property

The law 9.279/96, which is an industrial property in Brazil, and is the subject of severe criticism are significant in relation to the process of its development. One of the main criticisms is the fact that the initial draft of the law was drawn up in the English language, which led to concerns about the adequacy of the law to the specific characteristics of the brazilian market, and as far as the transparency of the legislative process. This move was seen by many as an attempt to align it with the brazilian legislation, will quickly take you to the international standards, without a due consideration of the needs of the locals.

In spite of the needs that are evident in the update, there is no project that is relevant to the reform of the law on intellectual property. Several factors, political and economic elements that have influenced this process, resulting in a stagnation that may hinder the effective protection of intellectual property rights, in Brazil. The modernization of the law, it has been seen by some legal experts as essential in order to ensure that the innovations are to be properly protected, both at the national and international levels.

The need for reform, according to Newton’s Games

Professor Newton, Of the Games, a well-known expert in business law and intellectual property, and pointed out the urgent need for reform of the law on the protection of industrial property. In their study, De Luca shows that the current legislation does not answer to the realities and demands of today’s marketplace, especially as a result of the rapid pace of technological change. He suggests that it is a far-reaching reforms is crucial in order to ensure that the brazilian laws and regulations continue to protect their innovations and creations in the business field.

Conclusion

Intellectual property continues to be a key pillar for the protection of the innovation and to the promotion of competitiveness in the global market. The modernization of the legislation, and the adoption of innovative practices are needed to address the challenges posed by globalization and digitization. It is imperative for companies to seek appropriate protection for their assets, intangible assets, and ensuring that the platform can be preserved and cherished.

BRAZIL. Lei nº 9.279 de 14 de maio de 1996. Provides for the protection of industrial property. Diário Oficial da União, Brasília, DF, brazil, may 15, 1996. Section 1.

DANNEMANN, SIEMSEN, BIGLER, and the IPANEMA MOREIRA. Comments on intellectual property law, and alike. Rio de Janeiro: Renovar, 2001.

DI BLASI, Gabriel, GARCIA, Mario S.; MENDES, Paulo Parente, M., The protection of industrial property. Rio de Janeiro: Forense, 2002.

HONESTLY, Vera Helena de Mello. The Manual of commercial law. São Paulo: Revista dos tribunais, 2001. y-1.

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